1 / 5 2025:CGHC:49759 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 5199 of 2025 Smt. Jayanti Sahu D/o Shri Punit Ram Sahu Aged About 49 Years R/o Village Gatapur, Post- Belhari, Block Patan, District : Durg, Chhattisgarh ... Petitioner versus The Deputy Director, Directorate of Enforcement, Government Of India, A-1 Block, Pujari Chambers, Pachpedi Naka, Raipur, Chhattisgarh ---- Respondent For Petitioner : Ms. Khushboo Naresh Dua, Advocate For Respondent : Dr. Saurabh Pande, Special Public Prosecutor Hon'ble Shri Justice Arvind Kumar Verma Order on Board 07/10/2025 1. With the consent of learned counsel for the parties, the matter is heard finally. 2. The petitioner has been filed this writ petition on the following relief(s) : 2 / 5 “A. That, this Hon'ble Court may be pleased to issue writ of mandamus or any appropriate writ, order or direction, directing the Respondent to comply with the order dated 15.01.2025 passed by the Appellate Tribunal, Prevention of Money Laundering act, 2002, and consequently return/release the seized material/documents belonging the petitioner. B. And/or that this Hon'ble Court may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction, directing the Respondent to decide the Representation dated 22.05.2025 (Annexure P-5), supplemented by the Reminder dated 11.07.2025 (Annexure-P/6), in light of the order dated 15.01.2025 passed by the Appellate Tribunal under the Prevention of Money Laundering Act, 2002. C. That, the Hon'ble Court may be pleased to grant other relief in favour of petitioner, which may deem fit in the given facts and circumstances of the case, in the interest of justice.” 3. Learned counsel for the petitioner contended that an appeal was filed by the petitioner before the Appellate Tribunal for Prevention of Money Laundering Act, 2002 (hereinafter referred as PMLA, 2000) challenging the order passed by Adjudicating authority dated 07.09.2022 whereby the Adjudication authority allowed the original application for retention of seized documents and digital devices filed by the Respondent. The said appeal was filed 23.10.2022 whereby it was specifically prayed by the petitioner herein to Quash the Impugned Order dated 07.09.2022 passed by the Adjudicating Authority in OA No. 654/2022 and consequently direct the Respondent to release the 3 / 5 seized material/documents that belongs to the Appellant. Appeal was heard finally on 15.01.2025 and the Tribunal After hearing parties on merits was pleased to allow the Appeal filed by the petitioner and was pleased to quash the order dated 07.09.2022 observing that "In view of the above, we do not find any justification to retain the records and cash when the respondents have failed to show its connection with the commission of crim. We find that even after lapse of more than four years, none of the seized documents and cash have been relied and even the cash while filing prosecution complaint, thus there would be no justification to retain the seized documents and the cash any more. The period of four years was sufficient to find out the role of the person whose record has been seized. Taking into consideration, the overall facts available on record, we find a case in favour of the appellant and accordingly, the impugned orders are set aside. The appeals are allowed with the aforesaid. Thereafter, after passing of order by the Ld. Appellate Tribunal (PMLA) and after obtaining certified copy of the same, the petitioner wrote a letter dated 22.05.2025 requesting the respondents to give appeal effect order by returning the seized material/documents/cash in O.A. No. 654/2022 dated 11.04.2022 in case of Jayanti Sahu- reg. Since even after that, the order of the Appellate Tribunal was no complied, therefore the petitioner wrote reminder letter dated 11.07.2025 again reminding to give effect to order of the Appellate Tribunal dated 15.01.2025 by 4 / 5 returning the seized material/documents/cash, but even after lapse of months from the passing of order by the Appellate Tribunal and even after receiving multiple requests from the petitioner, the Respondent Enforcement Directorate has yet not released/returned the seized material which belongs to the petitioner. Therefore, being aggrieved by the inaction on the part of Respondent Authority, petitioner is driven to file the instant Writ Petition. 4. Learned counsel for the respondent would submit that after passing of order of the Appellate Tribunal on 15.01.2025 (Annexure P-4), the respondent authority seeks instruction from the higher authority and they suggest to file the appeal/application and ultimately the respondent arrived at conclusion that the respondent authority may not file appeal against the order of the Appellate Tribunal on 15.01.2025. He further contended that the respondent authority is ready to return/release the seized articles/document/cash amount belonging to the petitioner as per rules/regulations/law prescribed under the PMLA. He further contended that this petition may be disposed of with direction to the petitioner to file appeal/application before the Special Court to return/release the seized articles/document/cash amount belonging to the petitioner and in that instance the respondent – Enforcement Directorate may return the seized material/cash amount and informed the Special Court as well as the adjudicating authority. 5 / 5 5. Heard learned counsel for the parties and perused the documents available on record. 6. Looking to the facts and circumstances of the case and submission made by learned counsel for the parties, instead of keeping this petition pending, this petition is disposed of directing to the petitioner to file application before the Special Court to return/release the seized articles/document/cash amount belonging to the petitioner as per the order of the Appellate Tribunal dated 15.01.2025 within a period of ‘15 days’ from today and in turn the respondent authority shall proceed the same as expeditiously as possible in accordance with rules/regulations/law. 7. With the aforesaid direction, the instant petition is disposed of. Sd/- (Arvind Kumar Verma) Judge Vasant